P&Z Board Members Present: Ms. Joy Wayman, Mr. Scott Brookhart, Ms. Kelly Commiskey, Mr. Christopher Brooks, Mr. Harry Baulch, Mr. Don Frantz, Ms. Julia Rudy, Mr. Keith Fenn 

P&Z Board Members Absent: Mr. Hari Nath

Staff Present: Phil Smith, Dan Matthys, JoAnne Carlyle, Jeff Ulma, Lynne Nesselrode, Tammy Spivey, Lori Cove, Scott Ramage, Anna Readling, Jennifer Currin

A.  Call to Order (Chairman Christopher Brooks) 6:30 p.m.

B.   Approval of the Minutes of the September 17, 2007 Meeting (Chairman Christopher Brooks)
Motion to approve:  Mr. Harry Baulch
Second:   Mr. Don Frantz
Discussion:  None
Vote:   8-0 

C.   Rezoning, Comprehensive Plan Amendment, or Mixed Use Sketch Plan requests with a public
      hearing:

1.   07-CPA-08 Koppers Development presented by Ms. Anna Readling 
Public Hearing: Glenda Toppe (applicant) spoke in favor of the application.  Mr. Billy Maynard spoke in opposition due to the proposed location of the alignment of the extension of McCrimmon Parkway and the potential effect upon his property.
Motion to approve:  Ms. Joy Wayman made a motion that the Board forward Comprehensive Plan Amendment 07-CPA-08 to Town Council with a recommendation for approval.
Second:  Mr. Keith Fenn
Discussion:  Ms. Kelly Commiskey requested that staff look to a possible collaboration with Mr. Maynard as the specific alignment of the road is determined during the future development plan process.
Vote:  8-0

 D. Rezoning, Comprehensive Plan Amendment, or Mixed Use Sketch Plan Requests with no public
            hearing:           

Motion to approve recusal: Mr. Don Frantz made a motion to recuse Mr. Keith Fenn from the Manors at Green Level.
Second: Mr. Harry Baulch
Vote: 7-0 

1.       07-SB-011 Manors at Green Level presented by Mr. Bob Benfield
Motion to approve:  Ms. Julia Rudy made motion that the Board forward Case Number 07-SB-011 to Town Council with a recommendation for approval based on its consistency with the Comprehensive Plan and all other applicable plans, and the reasonableness of the request as set forth in the Staff Report and Presentation.
Second:  Ms. Kelly Commiskey
Discussion:   Chairman Brooks noted that he thought the plan was an improvement from the original plan that was denied by Town Council.  Mr. Scott Brookhart noted that Low Impact Development techniques were the kind of features that the Town of Cary wanted to see in such plans.  Ms. Kelly Commiskey applauded the applicant for listening to the concerns of citizens and altering the plan to reflect those ideas.
Vote: 7-0

Motion to approve: Ms. Julia Rudy made a motion to reinstate Mr. Keith Fenn for the remainder of the meeting.
Second: Mr. Don Frantz
Vote: 7-0

2.     Round 9 LDO Amendments presented by Ms. Jennifer Currin 

Minor Amendments “B through Y”
Motion to approve:   Mr. Harry Baulch made a motion to approve items B through Y in Round 9 of the LDO Amendments.
Second:  Mr. Don Frantz
Discussion:   None.
Vote:  8-0 

Minor Amendment “A”
Motion to deny: Ms. Joy Wayman made a motion to deny Item A within Round 9 of the LDO Amendments.
Second: Ms. Kelly Commiskey
Discussion: The Board expressed concern about the 10-day advance limit for new zoning conditions (Item A).  Staff noted that this was an existing ordinance requirement applicable to Town Council that was being included for the Planning & Zoning Board.  Staff further explained that it allowed staff, citizens, and decision makers sufficient time to evaluate any changes to or additional conditions associated with a case, as consistent with the current LDO requirement 3.4.2 (C)(4).
Vote: 3-5 (Against: Mr. Harry Baulch, Mr. Scott Brookhart, Chairman Brooks, Ms. Julia Rudy, Mr. Keith Fenn) Chairman Brooks asked staff to follow up with Town Council regarding this language. 

Major Amendments “1-3”
Motion to approve: Ms. Kelly Commiskey made a motion to approve Items 1, 2 and 3 (Procedure, Special Use, Application Materials) of Round 9 of the Land Development Ordinance Amendment.
Second: Mr. Don Frantz
Discussion: None
Vote: 8-0 

Major Amendments “4”
Motion to approve: Mr. Scott Brookhart made a motion to approve Item 4 (Parking Schedule) of Round 9 of the Land Development Ordinance Amendment.
Second: Mr. Harry Baulch
Discussion: None
Vote: 8-0 

Major Amendments “8”
Motion to approve: Ms. Kelly Commiskey made a motion to approve Item 8 (Enforcement Procedures) of Round 9 of the Land Development Ordinance Amendment
Second: Mr. Harry Baulch
Discussion: None
Vote: 8-0

Major Amendments “5”
Motion to approve: Ms. Joy Wayman made a motion to approve Item 5 (Standard for Transit Access and Amenities) with the removal of the language requiring access within fifty (50) yards of a building entrance.
Second: Mr. Harry Baulch
Discussion: None
Vote: 8-0

Major Amendments “6”
Motion to approve: Mr. Don Frantz made a motion to approve Item 6 (Anti-Monotony & Garagescapes) of Round 9 of the Land Development Ordinance Amendment.
Second: Mr. Harry Baulch
Discussion: Ms. Kelly Commiskey stated that she would vote against the item based on the affordable housing exemption.  Chairman Brooks noted that he planned to vote against the motion due to concerns that the market should address this aspect of residential development and that the town should not regulate such features.
Vote: 4-4 (Against: Mr. Keith Fenn, Ms. Joy Wayman, Ms. Kelly Commiskey, Chairman Brooks)

Major Amendments “7”
Motion to approve: Mr. Don Frantz made a motion to approve Item 7 (Wall Signs) of Round 9 of the Land Development Ordinance Amendment.
Second: Mr. Scott Brookhart
Discussion: None
Vote: 8-0

Minor Amendments “S”
Motion to approve: Ms. Kelly Commiskey made a motion to withdrawn Item S from the previously approved items B-Y of Round 9 of the Land Development Ordinance Amendment.
Second: Mr. Don Frantz
Discussion: None
Vote: 8-0

Motion to deny: Ms. Don Frantz made a motion to deny Item S (Sandwich Board signs) in Amendment 7 of Round 9 of the Land Development Ordinance Amendment.
Second: Ms. Kelly Commiskey
Discussion: Mr. Don Frantz explained that in some instances sandwich boards should have some more flexibility in their regulations to allow certain businesses to gain added visibility.  Ms. Julia Rudy noted that the more cut and dry an ordinance is, the easier it is to enforce.  Staff expressed that not all businesses can take advantage of all the sign types due to building locations and that changing the language would make enforcement difficult.
Vote: 7-1 (Against: Ms. Julia Rudy)

F.  For Information

1.       Monthly Construction Activity Reports
2.       Monthly Site/Subdivision Activity Reports 

G.     New/Old Business

1.   Approval of the 2008 Meeting Schedule.  Planning and Zoning Board Meetings will be held the third Monday of the month at 6:30 pm in Town Council Chambers.
2.   January 21, 2008 meeting will be held on January 22, 2008 at 6:30 pm. 

H.      Chairman Brooks adjourned the meeting at 7:52 pm.

Please contact the Town of Cary Planning Department with any questions about this agenda.  The e-mail address is lynne.nesselrode@townofcary.org and the phone number is (919) 469-4382.  Visit our website at www.townofcary.org for more detailed information about each agenda item. 

“The Town of Cary is committed to providing all citizens with the opportunity to participate fully in the public meeting process.  Any person with a disability who needs an auxiliary aid or service in order to participate in any meeting may contact the Town Clerk at least 48 hours prior to the meeting.  The e-mail address is sue.rowland@townofcary.org; the phone number is (919) 469-4011; the TDD number is (919) 469-4012.” 

Planning and Zoning Board meetings are broadcast live the night of the meeting and are rebroadcast the same week on Tuesday at 9:30 AM and Wednesday at 6:30 PM.